Court Ruling Limits Fines By Human Rights Board

April 10, 1987|By VALERIE HILL-MORGAN, Staff Writer

The Broward County Human Rights Board cannot fine people it finds guilty of racial discrimination, the Florida Supreme Court ruled on Thursday.

The 5-0 opinion said that the Broward ordinance allowing the board to fine people violates the separation of powers doctrine in the Florida Constitution by giving judicial power to an agency of the executive branch.

It violates an accused person`s rights under the constitution to a trial by jury, the justices held in ruling the law unconstitutional.

``This certainly is going to minimize the board`s expanse in suggesting corrective action,`` said Hayward Benson, director of the county`s public services department. ``The board will not be as strong as it is perceived to be.``

The decision let stand a ruling by the 4th District Court of Appeal in West Palm Beach that also found the ordinance unconstitutional.

The case involved John LaRosa, a landlord who was fined $4,000 by the board on the grounds he refused to rent an apartment to a black man.

George M. Farger, who represented LaRosa, could not be reached for comment.

The justices acknowledged that administrative agencies can be given powers that border on being judicial but that authority to award damages for personal injuries for humiliation and embarrassment is purely judicial.